Service Level Agreement

1 General

1.1 This service level agreement aims to ensure the quality of and regulate the terms for the service and support that the Supplier undertakes to provide to the Customer during the term of the Agreement. Capitalised terms used but not defined herein, shall have the meanings assigned to them in the Main Agreement.

2 Changes, Updates, new versions ETC.

2.1 Unless otherwise agreed between the Parties, upgraded features and new versions of the Service developed by the Supplier will be implemented in the Service to the extent the Supplier finds it appropriate for the Service.

2.2 The Supplier may from time to time change the settings for the Module Package and the Behaviour Table, without consulting the Customer. However, the Supplier will always consult and obtain the Customer’s approval before making any major changes. For the purpose of this clause, a “major change” shall mean each modification to difficulty progressions or rewards (individually), initiated by the Supplier, resulting in a difficulty level or a reward being increased or decreased by an average of more than ten (10) percent, calculated based on the settings in the beginning of the calendar year.

2.3 The modules included in the Module Package and the GWEN API (collectively the “Core”) are globally designed. This means changes to the Core will affect all the Supplier’s customers. The Supplier reserves the right to at any time remove, change or modify any aspect of the Core, including but not limited to, features and functionality. The Supplier will notify the Customer no later than thirty (30) days before functionality in the Core is removed or changed, along with instructions on how the Customer should handle the change. The Supplier will also maintain a minimum of six (6) months of legacy support after notifying the Customer, meaning that the Customer, during this period, will be able continue to use the Service without making any changes.

2.4 Without prejudice to clause 2.2–2.3, the Supplier reserves the right to, without prior notification to the Customer, make changes to or modify the Service or the method of providing it, which evidently may not cause the Customer more than minor insignificance. The Supplier also reserves the right to implement updates to protect the Service and for other security reasons, even if such updates may cause certain inconvenience to the Customer.

3 Maintenance

3.1 Planned maintenance (such as non-critical bug fixes, upgrades or updates) shall be performed by the Supplier with the least possible inconvenience for the Customer. If planned maintenance may cause more than minor, temporary disturbances to the Service, the Supplier shall (i) notify the Customer seven (7) days in advance, or (ii) schedule the maintenance to Tuesdays between 04:00 and 08:00 CET/CEST.

3.2 Notwithstanding clause 3.1, the Supplier may at any time perform emergency maintenance in so far as it is required to remedy or prevent immediate or imminent problems in the Service, such as critical bug fixes, malware or other security risks. The Supplier shall, as soon as practically possible, notify the Customer in case of emergency maintenance.

4 Errors in the service

4.1 The Supplier shall rectify Errors in the Service in accordance with this service level agreement. In this service level agreement, “Errors” shall mean that the Service is not in conformity with the Specification, or deviates from the standard that can normally be expected by similar services on similar conditions. The liability of the Supplier does not cover Errors that are only of minor importance to the use of the Service, or that do not cause the Customer any inconvenience.

4.2 The Supplier’s responsibility for Errors in the Service does not include:

(a) Errors due to changes or disturbances in the Service caused by the Customer,

(b) Errors due to external virus attacks or other external attacks, provided however that the Supplier has taken reasonable measures to protect the Service from such attacks,

(c) Errors due to circumstances that the Customer or a third party is responsible for, or that are otherwise outside the control of the Supplier and could not been for- seen by the Supplier.

4.3 The Customer must, in order to be entitled to rectification, notify the Supplier about the Error in writing within thirty (30) days after discovery of the Error.

5 A/B Testing

5.1 To the extent accepted by the Customer from time to time, the Supplier may run A/B tests to evaluate the Service’s performance and impact on the Users. During such tests some Users may receive and be able to use the Service while other Users will be excluded. Such exclusion of Users shall not be deemed an Error in the Service, provided the Supplier does not exclude more Users than accepted by the Customer.

6 Support services

6.1 The Customer shall be solely responsible to provide the Users with first line and second line support regarding the Service. First line support is generally defined as support that aims to provide the User with basic issues such as system functionality, instructions how the Service works etc. Second line support is generally defined as support that aims to provide the Users with issues related to the functionality of the Service.

6.2 The Supplier shall be responsible to provide the Customer with third line support. Third line support is generally defined as support that aims to solve major technical issues that cannot be solved by second line support or issues related to situations when the Service fails to deliver as agreed, such as Errors.

7 Service hours

7.1 The Supplier shall provide third line support Monday-Friday (excluding holidays) between 08:00 and 17:00 CET/CEST (“Service Hours”). Support may be requested by email to 2ndline@insertcoin.se or and shall be provided in Swedish or English, unless otherwise agreed between the Parties.

8 Service Levels

8.1 The Customer shall notify the Supplier of Errors affecting the Service, including the Customer’s name, time and date when the Error occurred, and a brief description of the Error and the impact of the Error on the use of the Service (“Error Report”). The Supplier shall, during Service Hours, without undue delay confirm its receipt of an Error Report.

8.2 The severity of the Error shall be agreed between the Parties based on the severity levels defined in the table below:

Severity level	Definition
Critical	Critical production issue that severely impacts use of the Service. The situation halts business operations and no procedural workaround exists. The Service is down or unavailable.
Major	Major functionality is impacted, or significant performance degradation is experienced. The situation is causing a high impact to portions of business operations and no reasonable workaround exists. The Service is operational but highly degraded performance to the point of major impact on use. Important features of the Service are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion.
Minor	There is a partial, non-critical loss of use of the Service with a medium-to-low impact on business but continues to function. Short-term workaround is available, but not scalable.

8.3 The Supplier shall, as soon as is practically possible, and at least within the time periods specified in the table below (“Service Levels”), correct any Error in the Service that is properly reported by the Customer. The time periods shall be calculated as hours and days during Service Hours, from the Supplier’s receipt of the Error Report until the Customer is notified by the Supplier that the Error has been corrected, temporarily or permanently (as applicable).

Severity Level	Temporary Solution	Permanent Solution
Critical	8 h	7 days
Major	16 h	11 days
Minor	24 h	22 days

8.4 For the avoidance of doubt, the Supplier shall not be obligated to correct Errors for which the Supplier is not responsible.

9 Price reductions

9.1 If the Supplier fails to meet the Service Levels, the Customer shall, in each case, be entitled to a price reduction of the percentage of the monthly License Fee for the month when the failure occurred, as shown in the table below. However, for every 24 hours by which the Supplier fails to meet the Service Levels applicable for temporary solutions, the Customer shall be entitled to additional price reduction of the same percentage. For example, where the Supplier fails to correct a critical Error through a temporary solution within 48 hours, the Customer shall be entitled to a price reduction of twelve (12) percent.

Severity Level	Price Reduction (% of the monthly License Fee)
Critical	6 %
Major	4 %
Minor	2 %

9.2 The maximum price reduction per month is fifty (50) percent of the monthly License Fee. If a fault means that the Customer may become entitled to a price reduction for failure to meet different Service Levels as a result of one and the same event, only one price reduction may be made as a result of the event.

9.3 To avoid losing the right to a price reduction, the Customer shall submit a claim for a price reduction to the Supplier by no later than the end of the calendar month following the month the right to price reduction arose. The price reduction shall, if possible, be credited on the Supplier’s next invoice to the Customer, or otherwise by refund to the Customer.

9.4 The Supplier shall be liable for Errors and failure to meet Service Levels only in accordance with the conditions of this service level agreement. Over and above this, the Customer has no right to damages or any other compensation for Errors or because of deviations from the Service Levels, except in the event of deliberate malice or gross negligence.